Dhillon

MEMORANDUM **

Ranjit Singh Dhillon, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen proceedings due to ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and review de novo ineffective assistance of counsel claims. See Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Dhillon’s motion to reopen. The motion was filed out of time, and the BIA determined that even if the deadline were tolled, the motion should be denied because Dhillon was not prejudiced by his former counsel’s failure to present corroborating medical evidence. See Iturribarria v. INS, 321 F.3d 889, 899-900 (9th Cir.2003) (to prevail on an ineffective assistance of counsel claim, a petitioner must demonstrate that counsel’s performance was so inadequate that it may have affected the proceeding’s outcome). In certain circumstances an immigration judge’s (IJ) credibility determination could be impacted by the addition of corroborating evidence. Here,…